Kevin Chelko Photography, Inc. v. JF Restaurants, LLC

Filing 25

ORDER granting 22 Motion to Set Aside Default. Defendant to file Answer or other responsive pleading within 21 days, no later than 3/1/16. Certificate of Initial Attorneys' Conference filing should be made no later than 3/22/216. Signed by Senior Judge Graham Mullen on 2/9/2016. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:13-CV-00060-GCM
KEVIN CHELKO PHOTOGRAPHY, INC.,
Plaintiffs,
v.
JF RESTAURANTS, LLC,
Defendants.

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ORDER

THIS MATTER is before the Court on Defendant JF Restaurants, LLC’s Motion to Set
Aside Default (Doc. No. 22), Memorandum in Support (Doc. No. 23), and Affidavit in Support
(Doc. No. 24). In its Motion and supporting documents, Defendant argues that it never learned of
Plaintiff’s lawsuit because it moved addresses multiple times. Defendant asks this Court to set
aside the Entry of Default that was entered in this case on April 10, 2013, and argues that the Court
should not impose sanctions because it filed its Motion days after its corporate officers became
aware of the instant suit. Plaintiff has indicated that it does not oppose setting aside the entry of
default.
Pursuant to Rule 55(c) of the Federal Rules of Civil Procedure, the Court may set aside an
entry of default for good cause. In this instance, the Court finds that Defendant was unaware of
Plaintiff’s lawsuit until recently, and upon learning of the action, timely filed to set aside the entry
of default. Additionally, there is unlikely to be substantial prejudice to Plaintiff from setting aside
the entry of default, because little action has been taken in this case.
IT IS THEREFORE ORDERED that Defendant’s Motion is GRANTED and the entry
of default in this case is set aside. Defendant is further ordered to file an Answer or other

responsive pleading within 21 days, no later than March 1, 2016. The parties are also reminded
that they will be required to conduct an Initial Attorneys Conference within 14 days of Defendant’s
response to the complaint, and to file their Certificate of Initial Attorneys’ Conference seven days
later. That filing should be made no later than March 22, 2016.
SO ORDERED.
Signed: February 9, 2016